§ 132-49. Show cause hearing.  


Latest version.
  • A. 
    The County of Shenandoah may order any user who causes or allows an unauthorized discharge to show cause why the proposed enforcement action should not be taken. Such hearings shall be preceded by a notice being served on the user specifying the time and place of the hearing, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
    B. 
    The County Administrator may conduct the hearing and take the evidence or may designate any of its members or any officer or employee of' the assigned department to:
    (1) 
    Issue in the name of the County Administrator notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
    (2) 
    Take the evidence;
    (3) 
    Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the County Administrator for action thereon.
    C. 
    At any hearing held pursuant to this Part 1, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the transcript costs.
    D. 
    After the County Administrator has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.